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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Date Added : 31-12-2018

Resolution No. (267) (21/2018) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Claiming the Legal Interest"

Date: (05/Rabi` Rabīʿ al-Thaani/1440 AH), corresponding to (13/12/2018).

 

All perfect praise be to Allah The Lord of the Worlds and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

On its fourteenth session held on the above date, the Board reviewed letter No.4/5/1-8/11/2018, which reads: I would like to bring to Your Grace`s attention the fact that the Ministry has never claimed the legal interest which usually results from filing lawsuits against debtors. Debtors` non-adherence to making payments on time has inflicted harm on creditors. Debtors are actually benefiting from the Waqf`s wealth, taking hold of it (Waqf) and paying off debts at their own convenience since they aren`t forced to pay interest as a penalty for their procrastination. Resolution (55),7/11/2001 of the Iftaa` Board allowed collecting the legal interest as a compensation for harm, not as a usurious interest. In addition, the Court of Cassation (Supreme Court) has issued some resolutions confirming that this interest is a compensation for harm. In light of this, could Your Grace discuss this issue with the Iftaa` Board to consider the permissibility of claiming the legal interest resulting from the lawsuits filed by the Ministry; in accordance with the following criteria:

1. The Ministry's Legal Department presents a report that shows that the debtor is rich and is intentionally delaying the payment of the debt.

2.  The Ministry`s Council is entitled to cancel the whole interest or part of it depending on each case.

3.  Transfereing the value of the interests to the Waqf programs approved by Sharia in order to be spent on the eligible categories.

After deliberations, the Board arrived at the following resolution:

The legal interest imposed by some laws on the debtor who fails to pay off debts on time is usury/Riba, and thus unlawful for a Muslim to claim or benefit from. Calling it a compensation doesn`t change the fact that it is usury/Riba. This is confirmed by Resolution No.(2/6) of the International Islamic Fiqh Academy, which states: "It is unlawful for the rich debtor to delay paying off due payments. Nevertheless, it isn`t permissible to stipulate that he gives a compensation against this procrastination."

Sharia doesn`t punish procrastination by imposing an interest on debt although it is unlawful for the rich to delay paying off due debt. This is particularly when it comes to public Juris, such as the properties of the Awqaf and the orphans. At the same time, it isn`t permissible for individuals or institutions to claim the legal interest.Rather, the creditor should take the necessary measures (Guarantees) to collect his money with avoiding procrastination on the part of the debtor. Allah, the Almighty, Said (What means): "but God hath permitted trade and forbidden usury." {Al-Baqarah, 275}. Jabir said that Allah's Messenger (PBUH) cursed the accepter of interest and its payer, and one who records it, and the two witnesses, and he said: They are all equal. And Allah Knows Best.

 

Chairperson of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Mohammad Al-Khalayleh

Sheikh Abdulkareem AlKhasawneh/ Member

Sheikh Sa`eid Al-Hijjawi/ Member (I have a reservation about this resolution for it involves harm and loss of benefit)

Prof. Abdullah Al-Fawaaz/ Member

Dr. Muhammad Khair Al-Issa/ Member

Dr. Majid Al-Darawsheh/ Member

Prof. Adam Noah/ Member

Judge. Khaled Al-Worikat/ Member (I have a reservation about this resolution).

Dr. Ahmad Al-Hasanat/ Member

Dr. Mohammad Al-Zou`bi/ Member

Dr. Rashaad Al-Khilaani


 

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Summarized Fatawaa

What is the ruling on the cessation of blood after (40) days from delivery, but later continued sporadically during two days of Ramadan?

Once postpartum bleeding (Nifas) ceases, and the woman is certain that it won`t reoccur, then she becomes ritually pure and so she is free to make Ghusl (purificatory bath), pray, and fast. If the bleeding reoccurs before fifteen days from its cessation, and before the end of (60) days after delivery, then the ruling on postpartum bleeding is effective, and her fasting and prayer are null and void, thus she must make up the fasting that she missed and not the prayer during those particular days.

A woman is asking for divorce although she is still breastfeeding. What is the Islamic ruling on this?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
It unlawful for a woman to seek divorce without a valid Sharia excuse. And Allah The Almighty Knows Best.

Is it permissible for the woman who is observing Iddah after the death of her husband to exchange calls with her relatives and husband`s family call?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
It is permissible for the woman who is observing Iddah* after death of husband to exchange calls with them; however, when she speaks to non-Mahrams , she shouldn`t be soft of speech and she should be straight to the point. This because Almighty Allah Says (What means): "O ye wives of the Prophet! Ye are not like any other women. If ye keep your duty (to Allah), then be not soft of speech, lest he in whose heart is a disease aspire (to you), but utter customary speech." [Al-Ahzaab/32]. And Allah The Almighty Knows Best.
 

 [1] The iddah is a waiting period that a Muslim woman observes after the death of her husband or after a divorce. The Quran says: For those men who die amongst you and leave behind wives, they (the wives) must confine themselves (spend iddah) for four months and ten days.

What is the ruling on a person who isn`t able to fast due to old age, or an incurable disease?

Paying the ransom is due on such a person, and that is giving a Mud (600 grams) of wheat, or rice, or the price of that amount to a needy Muslim for each missed fasting day. And Allah Knows Best.

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